With the Senate planning to repeal Obamacare, House Republicans want to get in on the fun. Enter Congressman from Iowa Steve King who has proposed what is most likely an unconstitutional bill that would ban courts from ever citing as legal precedent rulings in Obamacare-related lawsuits.
From Talking Points Memo:
The bill itself list the names of major lawsuits the Affordable Care Act has faced at the Supreme Court and bars them “from citation for the purpose of precedence in all future cases.”
“It was my first order of business on the morning after ObamaCare passed into law, March 24, 2010, to draft and introduce my full, 100% repeal of ObamaCare,” King said in a press release announcing the legislation. “By prohibiting the Supreme Court from citing ObamaCare cases, we will be truly eradicating this unconstitutional policy from all three branches of government so that the repeal will be complete.”
Two constitutional law experts spoke to LawNewz, who broke this story, describing why almost everything about this law presents a constitutional problem. Essentially, by trying to impose this ban on the courts from Congress, King is creating “a classic separation of powers problem” according to Prof. Rick Hasen of the USC Irvine School of Law.
Eugene Volokh, professor at UCLA and constitutional blogger at The Washington Post, pointed out that Congress cannot affect legal precedent this way, but the could change the law on which these decisions were based, though that’s a very complicated process. He also pointed out that this would also bar legal experts from citing the conservative victory in the Hobby Lobby case.
What do you think? Share your thoughts in the comments below.